Decision reserved on petitions against alleged Audio Leaks Commission, likely to be heard today

 Decision reserved on petitions against alleged Audio Leaks Commission, likely to be heard today




ISLAMABAD: The Supreme Court (SC) has reserved its verdict on petitions against the alleged Audio Leaks Commission.

According to details, a five-member larger bench headed by The Chief Justice heard the petitions against the alleged Audio Leaks Commission in the Supreme Court, the bench comprising Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Shahid Waheed, Justice Hassan Azhar Rizvi.

After the arguments, the Supreme Court reserved the verdict on the petitions against the alleged Audio Leaks Commission, the Chief Justice remarked that he will issue a short and interim order in this regard, you have formed a board or commission regarding the judges, it is not possible that you cannot do so.

During the hearing, the Chief Justice remarked that the matter is not openly given in the law, the constitution has to be followed according to its spirit, Article 175 can not be ignored under any circumstances.

On which the Attorney General said that the government did not try to divide the judiciary, then the Chief Justice of Pakistan said that even if the government did not, it must have happened, the request of the Full Court itself is against the Judiciary Reform Bill, the Attorney General is a sophisticated man, respects you and the government. What to deal with.

The Attorney General said in the dialogue with the Chief Justice that the audio leak was not part of the consultation in the formation of the commission, the matter was related to you, so the senior judge was made the head of the commission, to which the Chief Justice remarked that the Chief Justice is the head of the institution.

Advocate Abid Zubairi Shoaib Shaheen argued that there is an anonymous account in the name of a hacker on Twitter, audio videos are released from the account in the name of the hacker, this account was created in September 2022, audio videos were leaked from the anonymous account since February 2023.

The lawyer said that after the audio leak, the federal ministers hold press conferences on it, all the audio is released from a single Twitter account, our petition is against the formation of the commission, the chief justice was not consulted in the formation of the commission.

Advocate Shoaib Shaheen further said in the arguments that the commission noticed the whole of Pakistan that whoever has the material can submit it, no legal procedure has been followed.

On which the Chief Justice inquired that he said that the formation of the commission is also a violation of Article 209, the lawyer said that the Supreme Court has given decisions in the Iftaar Chaudhry and Justice Qazi Faez Isa case.

Justice Muneeb Akhtar remarked that Article 209 allows the presidential reference to be sent to the Supreme Judicial Council.

Justice Muneeb Akhtar said that it seems that the inquiry commission has done everything quickly, how can the judges become part of the commission on their own, can go to any forum with the permission of the Chief Justice against a judge of the higher judiciary.

Earlier, at the beginning of the hearing, the Attorney General requested the Chief Justice to leave the bench, on which the Chief Justice remarked that how can the government select the Supreme Court judges for its own purposes.

Justice Umar Ata Bandial said that it is sad to say that an unintentional attempt was made to create a rift among the judges, but after the Tragedy of May 9, the rhetoric against the judiciary stopped.

The Chief Justice said in a dialogue with the Attorney General that you do not interfere in our administrative authority, we fully respect the government, the judiciary is the protector of basic human rights.

Justice Umar Ata Bandial further remarked that the government made a law to regulate the powers of the Chief Justice in a hurry, if the government had consulted us, he would have shown a better way, you also made bail and family cases a part of this legislation.

In a conversation with the Attorney General, the Chief Justice said that the government cannot make a judge sit on the bench according to its will, we asked the question, it is written in 184B that there should be a bench of at least five judges, if you had consulted us, we would have told you.

Justice Umar Ata Bandial said that the benefit of the may 9 incidents was that the rhetoric against the judiciary has ended.

On which the Attorney General said that a lot of literature is requested that the larger bench should not hear this case.

President Supreme Court Bar Association Shoaib Shaheen, referring to the old decisions of the Supreme Court in the arguments, said that before the appointment of a serving judge, the consultation of the Chief Justice is necessary.

The Attorney General said that the matter can be clarified, on which the Chief Justice said that the federal government should take care of the quarters in the affairs of the judiciary, the government itself suggested judges in the inquiry commission.

When the Attorney General said that the Act 2017 was not challenged, Justice Umar Ata Bandial said that the 1956 Act talks about respect for the Constitution.

The Supreme Chief Justice urged the federal government to respect the Constitution and follow the traditions while respecting the Constitution.

Justice Umar Ata Bandial remarked that in the law related to the powers of the Supreme Court, the government has asked to form benches of five judges, in the new law, more than five benches have been asked to be formed for appeal, we lack the number of judges.

The Chief Justice of Pakistan said that the government hastily legislated on the judiciary, the government must make law but consult, the government should tell whom it consulted on the legislation related to the Supreme Court.

On which the Attorney General said in a dialogue with the Chief Justice that all these issues can be resolved, then the Chief Justice remarked that if the government solves the problems, we will also give relief.

Justice Umar Ata Bandial said we realize that you are the lawyer of the Government of Pakistan, all institutions should get full respect,
this is not all about Ego, the Constitution talks about the distribution of powers, the judiciary is not part of the federal government, we are talking about the Constitution, not Anna.

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